Union Territories

Introduction

The concept of Union Territories was introduced to ensure centralized control over specific regions deemed crucial for strategic, administrative, or historical reasons.  UT’s are under the direct control and administration of the Central government. UTs vary in their levels of autonomy and governance structures, with some having a degree of legislative power while others are primarily governed by central laws. UTs play a vital role in India’s federal structure, contributing to the country’s administrative efficiency and territorial integrity.

Evolution of Union Territories

• Need of UTs: Political and administrative consideration; Cultural distinctiveness; Strategic importance; Special treatment and protection of the backward and tribal people.
• UTs with High Court: Delhi and the High Court of Jammu & Kashmir became the common high court of the union territory of Jammu and Kashmir and the union territory of Ladakh.

Administration of Union Territories

• Constitutional Provision: UTs are under Article 239-241 in Part VIII.
  • Administered by the President acting through an Administrator appointed by him.
• Administrator: Agent of the President, not the head of state like the Governor.
  • Lieutenant Governors: For Delhi, Puducherry, Andaman And Nicobar, Jammu And Kashmir, and Ladakh.
  • Administrator: Chandigarh, Dadra and Nagar Haveli and Daman and Diu and Lakshadweep.
• Legislative Assembly and Council of Ministers headed by the Chief Minister: Puducherry, Delhi, Jammu and Kashmir.
  • The remaining five union territories do not have assembly.
  • The establishment of assembly in the union territories does not diminish the supreme control held by the President and Parliament over them.
• Administration of Acquired Territories: The Constitution does not contain any separate provisions for the administration of acquired territories.

Power of Parliament/President to make Laws with respect to Union Territories

• Parliament’s Authority: Parliament can make laws on any subject of the three lists (including the State List).
• Presidential Regulations: The President can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu. 
  • It has the same force and effect as an act of the Parliament. These regulations can also repeal or amend any act of Parliament
• Puducherry: In the case of Puducherry, the President can enact regulations only if the assembly is suspended or dissolved.
• Establishment of High Court: The Parliament has the authority to either establish a high court for a union territory or place it under the jurisdiction of the high court of a neighboring state.
• Elections are conducted by the Election Commission of India (Article 324).

Delhi’s Constitutional Evolution: 

• Special Provision for Delhi under Article 239AA. The 69th Constitutional Amendment Act of 1991 redesignated it as the National Capital Territory of Delhi.
  • The strength of the legislative assembly is fixed at 70 Members – directly elected by the people. 
  • The strength of the Council of Ministers is fixed at 10%.
• Resemblance to Article 356: When a situation arises in which the administration of the territory cannot be carried on in accordance with the above provision, the President can suspend the above provisions and make the necessary incidental or consequential provisions for administering the territory resembling Article 356.
• Ordinance Authority: Lt. The governor is empowered to promulgate ordinances approved by the assembly within six weeks from its reassembly.
  • He can also withdraw an ordinance at any time.
  • No such ordinance can be promulgated or withdrawn without the prior permission of the President.
• Resolution of Differences: In the case of a difference of opinion between the Lt. governor and his ministers, the Lt. Governor refers the matter to the president for decision and acts accordingly.

Advisory Committees of Union Territories

• Under the Government of India (allocation of business) Rules 1961, certain subjects about the UTs have been allocated to the Ministry of Home Affairs.
• The Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget.
• All the five UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu and Dadra-Nagar Haveli, Lakshadweep and Ladakh) have the forum of Home Ministers Advisory Committee(HMAC)/Administrative Advisory Committee (AAC).
• HMAC: chaired by the Union Home Minister.
• AAC: chaired by the Administrator of UT.

Constitutional Provisions

Conclusion

• Union Territories (UTs) in India are regions directly administered by the central government While some UTs have their legislative assemblies and a degree of autonomy, others are primarily governed by central laws. 
• The President and Parliament retain supreme control over UTs, overseeing their administration, legislation, and governance. 
• Despite variations in autonomy levels, UTs play a crucial role in India’s federal structure, contributing to administrative efficiency and territorial integrity.